In addition, since the machine of this case had already been certified as safety in relation to electromagnetic waves by the European Union or the International Telecommunication Union, it is excluded from the conformity assessment under Article 58-2 of the Radio Waves Act.

Nevertheless, the judgment of the court below which convicted the Defendants by applying Article 58-2 of the Radio Waves Act to the machine presses of this case is erroneous in the misapprehension of legal principles.

2. Determination

(a)as shown in the relevant regulations;

B. Article 84 Subparag. 5 of the Radio Waves Act punishs a person who sells, manufactures, or imports machinery which has not undergone conformity assessment under Article 58-2 of the same Act for the purpose of sale (Article 84 Subparag. 5 of the same Act). Article 58-2 of the same Act provides that any person who intends to manufacture, sell, or import machinery which causes electromagnetic interference or is affected by electromagnetic waves shall undergo conformity assessment under paragraph (2), suitability registration under paragraphs (3) and (4), interim certification under paragraph (7) of the same Article (proviso to paragraph (3) of the same Article), and equipment prescribed by Presidential Decree concerning conformity registration may undergo conformity assessment on his/her own test and register with the Minister of Science and ICT (proviso to paragraph (3) of the same Article) (Article 77-3(2) of the Enforcement Decree of the Radio Waves Act, and matters necessary for other standards, subjects, methods, procedures, etc. of conformity assessment, shall be prescribed by Presidential Decree (Article 84-10 of the same Act). In the meantime, Article 58-2 of the National Broadcasting Service, etc.

Attached Table 3 of Article 3 (2).